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(영문) 수원지방법원성남지원 2019.04.26 2018가단220924
사해행위취소
Text

1. It was concluded on March 5, 2018 between the Defendant and Nonparty C regarding the real estate stated in the separate sheet.

Reasons

1. The occurrence of the right to revoke the fraudulent act;

A. 1) The establishment of a fraudulent act: (a) A) a preserved claim and a collateral security company D (Before the merger: E) lent KRW 95 million to C on May 21, 2004; and (b) on August 6, 2014 and on August 26, 2014, a claim of KRW 4,232 and KRW 1,249,01 was created in the course of disposing of C’s claims.

On October 31, 2017, the Plaintiff acquired each of the above claims before transfer through a limited liability company.

On February 19, 2018, the Plaintiff issued a payment order against C, stating that “C shall pay the Plaintiff damages for delay of KRW 136,833,858 and the damages for delay of KRW 93,000,000,000,” upon receipt of an application for payment order from Suwon District Court Ansan Branch 2018 tea210. The said payment order was served on C on February 27, 2018, and became final and conclusive on March 14, 2018.

D In order to secure the above claims such as loans, etc. on May 21, 2004, the Seocho-gu Seoul Metropolitan Government Office of Gtel H (hereinafter “instant commercial building”) established a right to collateral with a maximum debt amount of KRW 124 million as to the above Gtel H (hereinafter “instant commercial building”).

On October 27, 2015, the decision to commence auction was revoked and the application for voluntary auction was dismissed on the ground that the voluntary auction case (Seoul Central District CourtJ) on the commercial building of this case filed by the International Limited Company D's transferee did not recognize the independence of the structure of the commercial building of this case.

On the other hand, the plaintiff also filed an application for auction against C on the commercial building of this case (Seoul Central District Court K), but on May 30, 2018, the decision to commence auction was revoked and the request for auction was dismissed.

B) The Defendant’s act of establishing the right to collateral security (hereinafter “instant apartment”) from March 6, 2018, as indicated in the attached Table C from March 6, 2018.

(C) The property status of C as of March 5, 2018 is as follows, based on the property status of C as of March 5, 2018, with the maximum debt amount of KRW 250,000,000,000,000,000,000 for establishing a mortgage contract.

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